Term Conditions Page
USER POLICY
TERMS & CONDITIONS
This document is published in accordance with all the laws that are in force in India [along with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and the terms and conditions for access or usage of www.vivahmandal.com (the “Website”)], and the laws of any other country to which the user of this Website belongs to. The acceptance to the Terms & Conditions by the User shall be considered as a valid contract under the Indian Contract Act, 1872. All notices under this agreement will be considered as written and have been duly signed once the same is electronically confirmed. The Terms and Conditions of this User Policy are framed by VIVAHMANDAL. The User Agreement has been last updated on 1-Jan-2023.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY BEFORE USING THE WEBSITE. ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE IMPLIES YOUR AGREEMENT TO BE BOUND BY ALL THESE TERMS AND CONDITIONS ("Agreement"). If you do not want to be bound by the Terms and Conditions, do not use the Website or the services of www.vivahmandal.com. The Terms and Conditions also includes the applicable policies which are incorporated herein by way of reference and as amended from time to time (the "Terms and conditions").
In these Terms, references to "Premium Member" shall mean the end user who has subscribed to any package for accessing the Website services, its contents or using the VIVAHMANDAL Services offered. Premium member also includes persons such as father, mother, brother, sister, relative or a friend ("Registrant") of the prospective bride/ bridegroom. The term "User" shall be used for any person who accesses the Website while surfing the internet and is above the age of 13. “Vivahmandal Services” means a collective reference to the VIVAHMANDAL service provided by vivahmandal.com.
- ELIGIBILITY FOR PREMIUM MEMBERSHIP:
A) Premium membership and rights of
admission is reserved solely for :
1.1. Indian Nationals & Citizens.
1.2. Persons of Indian Origin (PIO).
1.3. Non Resident Indians (NRI).
1.4. Persons of Indian Descent or Indian
Heritage
1.5. Persons who intend to marry persons
of Indian Origin.
B) Further in
capacity as Premium member you confirm that you are :
1.1.18 years or above (if you are a
woman) or 21 years or above (if you are a
man);
[This definition is subject to the passage
of The Prohibition of Child Marriage (Amendment) Bill, 2021.]
1.2.If you have applied for Divorce, you
may register on our website by stating "Awaiting Divorce".
1.3.If you are a resident of any other
Country, you are legally competent to marry as per the local rules applicable
to your country and you shall comply with the Indian laws for marrying a person
of Indian Origin
1.4.In case you are a Registrant of the prospective bride/ bridegroom and has created profile in Vivahmandal Website on behalf of them or is accessing the Vivahmandal Website on behalf of them implies that you have taken their consent for their profile creation in Vivahmandal and for accessing the Vivahmandal Website.
- CONFIDENTIAL INFORMATION AND PRIVACY:
Confidential Information shall refer to all information collected by the website for the purpose of creating an account and also all the information collected in future to maintain, upgrade or degrade the account shall be the Confidential Information of the User. For detailed explanation in regards to collection of confidential information and Data Privacy, refer to our Data Privacy Policy on the Website.
You
understand and acknowledge that Vivahmandal.com (VIVAHMANDAL) acts as an
"Intermediary" as defined under clause (1) sub-clause (w) of Section
2 of the Information Technology Act, 2000.
VIVAHMANDAL acts as a platform to enable any user to register themselves on it (by filling the mandatory fields and optional fields, if any) to voluntarily search for profile(s) from the database of VIVAHMANDAL’s already registered Premium members, for seeking prospective lawful matrimonial alliances for themselves. The profiles in the database of VIVAHMANDAL are classified broadly on the basis of language for the ease and convenience of its members. Premium members are provided with free/paid access for searching profiles from the database of VIVAHMANDAL , as per the partner preference set by you on the Website and you can shortlist the profiles in which you are interested.
A) We expect that you would complete the online process of creating your account with fairness and honesty in furnishing true, accurate, current, complete information and with providing recent photos of you which will help you to meet your parameters .We expect you to read the relevant column before typing in the details or selecting the option available or uploading the photo. You are requested not to type in details of the profile in field other than the applicable field (including mentioning id's of other platforms/websites or repeating your details in other fields, after filling them once in the relevant fields or other photographs. In order to serve you better if VIVAHMANDAL requires additional details you agree to provide it. BM may also reproduce your profile information in other matrimonial websites owned, or to be owned by the parent company to provide better matching Profiles to you.
B) If at any point of time VIVAHMANDAL comes to know or is so informed by third party or has reasons to believe that any information provided by you for registration (including photos) or otherwise is found to be untrue, inaccurate, or incomplete, VIVAHMANDAL shall have full right to suspend or terminate (without any notice) your Vivahmandal Premium Membership and forfeit any amount paid by you towards Vivahmandal Premium Membership fee and refuse to provide Vivahmandal service to you thereafter.
C) VIVAHMANDAL also reserves the right to block the registration of your profile on Website, if any, in the case of your contact details/links being entered in irrelevant fields or if there are errors in any data entered by the VIVAHMANDAL members in their profile.
D) Registration of duplicate profiles of the same person is not allowed in the Website. VIVAHMANDAL shall have full right to suspend or terminate (without any notice) such duplicate profile.
E) You acknowledge and confirm that your
registration with VIVAHMANDAL and the usage of Vivahmandal services is with the
bonafide intention of marriage and not otherwise. Premium Membership is
restricted strictly to the registered individual member only. Organizations,
companies, businesses and/or individuals carrying on similar or competitive
business cannot become Premium Members and nor use the Vivahmandal Service or
Premium members data for any commercial purpose, and that VIVAHMANDAL reserves
its right to initiate appropriate legal action for breach of these obligations.
a.
Once a User has accepted these Terms and Conditions, he/ she
may register and avail the Services.
b.
In these Terms and Conditions, the term “Chargeback” shall
mean, approved and settled credit card or net banking purchase transaction(s)
which are at any time refused, debited or charged back to merchant account (and
shall also include similar debits to Payment Service Provider's accounts, if
any) by the acquiring bank or credit card company for any reason whatsoever,
together with the bank fees, penalties and other charges incidental thereto.
c.
Server Slow Down/Session Timeout: In case the Website or
Payment Service Provider’s webpage, that is linked to the Website, is
experiencing any server related issues like ‘slow down’ or ‘failure’ or
‘session timeout’, the User shall, before initiating the second payment,, check
whether his/her Bank Account has been debited or not and accordingly resort to
one of the following options:
● In case the Bank Account appears to
be debited, ensure that he/ she does not make the payment twice and immediately
thereafter contact the Institute via
e-mail or any other mode of contact as provided by the Institute to confirm payment.
● In case the Bank Account is not
debited, the User may initiate a fresh transaction to make payment.
● However, the User agrees that under
no circumstances the Payment Gateway Service Provider shall be held responsible
for such fraudulent/duplicate transactions and hence no claims should be raised
to Payment Gateway Service Provider No
communication received by the Payment Service Provider(s) in this regards shall be entertained by the Payment Service
Provider(s).
● The Institute and the Payment
Service Provider(s) assume no liability whatsoever for any monetary or other
damage suffered by the User on account of:
● The delay, failure, interruption, or
corruption of any data or other information transmitted in connection with use
of the Payment Gateway or Services in connection thereto; and/ or
● Any interruption or errors in the operation of the Payment Gateway.
d.
The User agrees, understands and confirms that his/ her
personal data including without limitation details relating to debit card/
credit card transmitted over the Internet may be susceptible to misuse,
hacking, theft and/ or fraud and that the Institute or the Payment Service
Provider(s) have no control over such matters.
e.
Although all reasonable care has been taken towards guarding
against unauthorized use of any information transmitted by the User,
VIVAHMANDAL does not represent or guarantee that the use of the Services
provided by/ through it will not result in theft and/or unauthorized use of
data over the Internet.
f.
VIVAHMANDAL, the Payment Service Provider(s) and its
affiliates and associates shall not be liable, at any time, for any failure of
performance, error, omission, interruption, deletion, defect, delay in
operation or transmission, computer virus, communications line failure, theft
or destruction or unauthorized access to, alteration of, or use of information
contained on the Website.
g.
By accepting these Terms and Conditions the User/Premium
member agrees that his/ her User ID and
Password are very important pieces of information and it shall be the
User/Premium member’s own responsibility to keep them secure and confidential.
In furtherance hereof, the User//Premium member agrees to;
● Choose a new password, whenever
required for security reasons.
● Keep his/ her User ID & Password
strictly confidential.
● Be responsible for any transactions
made by User under such User ID and Password.
II.
Debit/Credit Card, Bank Account
Details:
a.
The User/Premium member agrees that the debit/credit card
details provided by him/ her for use of the aforesaid Service(s) must be
correct and accurate and that the User shall not use a debit/ credit card, that
is not lawfully owned by him/ her or the use of which is not authorized by the
lawful owner thereof. The User further agrees and undertakes to provide correct
and valid debit/credit card details.
b.
The User/Premium member may pay his/ her fees to the
Institute by using a debit/credit card or through an online banking account.
The User warrants, agrees and confirms that when he/ she initiates a payment
transaction and/or issues an online payment instruction and provides his/ her
card / bank details:
● The User/Premium member is fully and
lawfully entitled to use such credit / debit card, bank account for such
transactions;
● The User/Premium member is
responsible to ensure that the card/ bank account details provided by him/ her
are accurate;
● The User/Premium member is
authorizing the debit of the nominated card/ bank account for the payment of
fees selected by such User/Premium member along with the applicable Fees.
● The User/Premium member is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User/Premium member inclusive of the applicable Fee.
III.
Payment Gateway Disclaimer:
The Service is provided in order to
facilitate access to view and pay Fees online. VIVAHMANDAL or the Payment
Service Provider(s) do not make any representation of any kind, express or
implied, as to the operation of the Payment Gateway other than what is
specified in the Website for this purpose. By accepting/ agreeing to these
Terms and Conditions, the User/Premium member expressly agrees that his/ her
use of the aforesaid online payment Service is entirely at own risk and
responsibility of the User.
IV. Cancellation
Policy:
Once the User/Premium member will be registered and paid the Fee through online
Payment Gateway. He/She will not be able to cancel the transaction in any
circumstances. No Payment will be refunded to the User.
V. Payment Refund Policy for Online Payments Refund for Chargeback
Transaction:
In the event there is any claim
for/of Chargeback by the User/Premium member for any reason whatsoever, such
User/Premium member shall immediately approach VIVAHMANDAL with his/ her claim
details in writing through e-mail and claim refund from VIVAHMANDAL alone. Such
refund (if any) shall be effected only by the VIVAHMANDAL via payment gateway
or any other means as the Institute deems appropriate. No claims for refund/
chargeback shall be made by any User/Premium member to the Payment Service
Provider(s) and in the event such claim is made it shall not be entertained.
● Refund for fraudulent/duplicate transaction(s): The User/Premium member shall directly contact VIVAHMANDAL in writing via e-mail for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by the Institute alone in line with their policies and rules.
You are responsible for maintaining the confidentiality of your login credentials you designate during the registration process, and you are solely responsible for all activities that occur under your account. You agree to immediately notify us of any disclosure or unauthorized use of your account or any other breach of security, and ensure that you log out from your account at the end of each session.
7.1. All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks on the Website are protected by copyright laws, trademark laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be.
7.2. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
7.3. Nothing contained on the Website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without our written permission. Misuse of any trademarks or any other content displayed on the Website is strictly prohibited.
7.4. We will not hesitate to take legal action against any unauthorized usage of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
7.5. The User/Premium member shall also not use the services provided by VIVAHMANDAL to broadcast messages to promote any form of business that is of similar nature to that of the services provided by VIVAHMANDAL.
7.6. The code designed for the purpose of creating the Website is protected under the Copyright Laws of India and therefore shall not be reverse engineered or replicated or re-created by the User.
- CANCELLATION POLICY:
A Premium Member may as per their best interests deactivate their account at any point of time. All cancellation requests must be submitted to VIVAHMANDAL. The Premium Member may submit his cancellation requests by email or phone. The request for cancellation shall be considered valid unless and until the Premium Member receives confirmation from our team. The confirmation email or number given by VIVAHMANDAL will act as a proof of the cancellation of service.
- TERMINATION POLICY:
A. We/ VIVAHMANDAL, in good faith reserve our right to terminate
your Premium membership or suspend/delete your profile at our sole discretion
without any notice to you and take any action as mentioned in clause 4 (B) of
the Terms and Conditions, in case you:
a. seek physical / financial favors
from our other registered Premium members, or
b. have provided incorrect information
on our website/App, or
c. have committed any fraudulent/
unlawful/ illegal activities through the use of our Website, or
d. have violated this Terms and
conditions or
e. have misappropriated the name,
likeness, email address, contact no or other personally identifiable
information of another Premium member created a profile on our Website by impersonation/
fake/ bogus/ false/ misrepresentation/ without consent of the person whose
profile is being registered or use only part information including using photo
of third parties without the permission of such third parties or act with other
members/employees in indecent/improper manner
B. If VIVAHMANDAL receives any
complaint against you and consequently we have suspended/deleted your profile
in good faith, then we shall not be liable to you in any manner whatsoever,
including for any loss, costs, expenses, or consequence, if any.
C. Upon termination / suspension of
Premium membership, your right to use or access the Website, Vivahmandal
services will cease immediately. All provisions of this terms and conditions
that by their nature should survive termination shall survive termination,
including, without limitation, disclaimers, and limitations of liability.
Termination of your access to and use of the Vivahmandal Services shall not
relieve you of any obligations arising or accruing prior to such termination.
D. Upon any such termination, cancellation and/or suspension, the Member is still responsible for any obligations till then accrued. Payment and other obligations under this agreement are not suspended, stayed, or otherwise affected by a suspension of access to/or use of the service (in whole or in part) where said suspension arises from your failure to comply with, or violation of, the terms of this agreement or of any law or legal obligation.
- REFUND POLICY:
a. The payments made by any Premium
Member to VIVAHMANDAL by way of membership / renewal fee / auto renewal are
treated as non-refundable.
b. Premium members shall not assign or
transfer their Premium membership to any other person or entity, and such an
act shall be treated as violation of terms and conditions and VIVAHMANDAL shall
retain their right under clause 4 (B) of this terms and conditions.
c. Payment once made for Vivahmandal services cannot be assigned to any person/party or adjusted towards any other product or packages provided by the Company.
- DISCLAIMER
AND LIMITATION OF LIABILITY:
A. VIVAHMANDAL agrees to protect all data provided by the User/Premium member for the purpose of using the application. VIVAHMANDAL agrees to manage, store and delete all the data when necessary belonging to the User/Premium member in light of the circumstances that are raised.
B. VIVAHMANDAL shall abide by the provisions laid down in the Information Technology Act to protect the data provided by the user for the purpose of using the Website.
C. In the event that the State Government and the Central Government, or the Courts of appropriate Jurisdiction, or any other appropriate body, request VIVAHMANDAL to provide the data collected from users in the name of public welfare and cyber security, VIVAHMANDAL shall provide the data, but only under the provisions substantiated by law.
D. VIVAHMANDAL shall take all precaution and make efforts to protect the data provided by the User. But in light of situations unfathomable or beyond the control of reasonability, if there is a data breach by the actions of a third party against public welfare, then VIVAHMANDAL reserves the right to stay indemnified by the User.
E. To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Website and its contents, including in relation to any inaccuracies or omissions in the Website, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
F. VIVAHMANDAL does not warrant that the Website will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Website will not be affected by any Acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
G. While VIVAHMANDAL may use reasonable efforts to include accurate and up-to-date information on the Website, VIVAHMANDAL does not guarantee the accuracy, timeliness or completeness of the Website.
H. Premium Members are solely responsible for communications (through any medium) with prospects or vice versa. VIVAHMANDAL expressly disclaims any liability or responsibility for any monetary transaction(s) or exchange(s) or interaction(s) or passing of information(s) etc. between any User/ Premium members inter se via email, chat, interaction, Whatsapp or any other medium of communication between Users/Premium members using Website or otherwise.
I. VIVAHMANDAL will, in no event be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Site or the Vivahmandal Service, even if VIVAHMANDAL has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, VIVAHMANDAL's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to VIVAHMANDAL, for the Service during the term of membership.
J. VIVAHMANDAL shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Website and these Terms and Conditions of Use.
K. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
L. Notwithstanding our efforts to ensure that our system is secure, the User/Premium member acknowledges that all electronic data transfers are potentially susceptible to interception by others. VIVAHMANDAL cannot, and do not, warrant that data transfers pursuant to the Website, or electronic mail transmitted to and from us, will not be monitored or read by others.
12. LEGAL
ACTION and DISPUTE RESOLUTION:
a) All disputes arising out of or in
relation to the usage, services or any other dispute shall be finally settled under
the Rules of Arbitration under the provisions of the Arbitration and
Conciliation Act, 1996 by one or more arbitrators appointed by mutual consent
of the User/Premium member and VIVAHMANDAL.
b) The Seat of Arbitration shall be
within the municipal limits of the Pune Municipal Corporation. Any proceeding
to enforce this arbitration agreement may be brought in Courts of Pune,
Maharashtra, India.
c) The user agrees to not take any
legal action in the courts of India in light of a scenario, the User has faced
any issue. Further, neither the User/ Premium Member nor VIVAHMANDAL agrees to
Class Arbitration.
d) The User shall intimate VIVAHMANDAL,
and also initiate a discussion leading up to Arbitration if needed.
e) VIVAHMANDAL reserves the right to
take legal countermeasures if the User chooses to take any legal action. The
action so taken by VIVAHMANDAL will be on grounds of breach of contract and
misuse of the law.
f) In light of an action caused by a
Third party, the User/Premium Member agrees to not initiate any action or
proceeding for the damage caused by a third party.
g) If VIVAHMANDAL suspects any misuse
of the application by the User/Premium Member, then VIVAHMANDAL reserves the
right to initiate a strict legal action against such User/Premium Member.
h) The User/Premium Member has to from
time to time provide proof which is genuine in nature in any Dispute Resolution
model.
i) Any action taken without the consent of VIVAHMANDAL will be treated as a violation of this User Agreement and if it results in any damages sustained by VIVAHMANDAL, then the User/Premium member will be dealt with as per the provisions of the Indian Penal Code, Information technology Act, Intellectual Property Laws, Contract Act, etc.
- AMENDMENTS:
A. We may periodically make changes to
the contents of the Website, including to the descriptions and prices of goods
and services advertised, at any time and without notice. We assume no liability
or responsibility for any errors or omissions in the content of the Website.
B. We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Website and shall take effect from the date of such posting. The User/Premium Member is advised to review these terms and conditions periodically as they are binding upon them.
